合同法英文版（七）
Article 378 A safekeeping party keeping in store currency may return the currency of the same kind and in the same amount. In case of storing other replaceable articles, the
safekeeping party may return to the storing party articles of the same category, quality and quantity according to the terms of the contract.
Article 379 With regard to non-gratuitous storage contracts, the storing party shall pay to the safekeeping party the storage fee according to the time limit as agreed upon
by the parties.
Where there is no agreement as to the time limit for the payment in the contract or such agreement is unclear, nor can it be determined according to the provisions of
Article 61 of this Law, the storage fee shall be paid at the same time when the stored article is claimed and taken back.
Article 380 Where a storing party fails to pay the storage fee and other expenses according to the terms of the contract, the safekeeping party is entitled to lien on the
stored article, except as otherwise agreed upon by the parties.
CHAPTER 20 CONTRACTS FOR WAREHOUSING
Article 381 A warehousing contract refers to a contract whereby the safekeeping party keeps in store the goods handed over by the storing party, while the storing party pays
the warehousing fee.
Article 382 A warehousing contract comes into effect at the time of its establishment.
Article 383 Where inflammable, explosive, poisonous, corrosive, radioactive and other dangerous or perishable articles are to be kept in store, the storing party shall
indicate the character of the goods and provide relevant documents and materials thereof.
Where a storing party violates the provisions of the preceding paragraph, the safekeeping party may refuse to receive the goods, or may take appropriate measures to avoid
losses. The cost consequently incurred shall be borne by the storing party.
The safekeeping party shall have appropriate safekeeping facilities for the storage of inflammable, explosive, poisonous, corrosive, radioactive and other dangerous
articles.
Article 384 The safekeeping party shall inspect, before letting in, the warehousing goods in conformity with the terms of the contract. A safekeeping party discovering in
the inspection that the goods are not in conformity with the terms of the contract shall, inform the storing party of the case promptly. After the inspection and acceptance
by the safekeeping party, the safekeeping party shall be liable for damages if it is discovered that the category, quantity or quality of the warehousing goods are not in
conformity with the terms of the contract.
Article 385 Upon handing over the goods by the storing party, the safekeeping party shall issue a warehouse voucher.
Article 386 The safekeeping party shall sign on the warehouse voucher or affix a seal on it. A warehouse voucher shall contain the following items:
(1) title or name and domicile of the storing party;
(2) category, quantity, quality, package, number of pieces and marks of the warehousing goods;
(3) standards of spoilage of the warehousing goods;
(4) place of storage;
(5) time period of storage;
(6) warehousing fee;
(7) where the warehousing goods have been insured, the amount and time period of the insurance and the title of the insurance company; and
(8) name of the person who issues the warehouse voucher, the place and the date of issuance.
Article 387 A warehouse voucher is the certificate for claiming the warehousing goods. The right to claim the warehousing goods may be transferred when the warehouse voucher
is endorsed by the storing party or the person who holds the warehouse voucher, and signed or affixed with a seal by the safekeeping party.
Article 388 At the request of the storing party or the person who holds the warehouse voucher, the safekeeping party shall permit the person to check the warehousing goods
or take samples.
Article 389 In the event that the safekeeping party discovers that the warehousing goods are deteriorated or otherwise damaged, the said party shall inform the storing party
or the holder of the warehouse voucher of the case promptly.
Article 390 In the event that the safekeeping party discovers that the letting in warehousing goods are deteriorated or otherwise damaged, thus endangering the safety and
the normal storage of other warehousing goods, the said party shall notify and urge the storing party or the holder of the warehouse voucher to make necessary disposal. In
case of emergency, the safekeeping party may make the necessary disposal, but shall inform the storing party or the holder of the warehouse voucher of the case promptly
afterwards.
Article 391 Where there is no agreement in the contract between the parties as to the time period of the storage or such agreement is unclear, the storing party or the
person who holds the warehouse voucher may claim and get back the warehousing goods at any time, the safekeeping party may also at any time request the storing party to
claim the warehousing goods, provided that a time period necessary for preparation shall be given.
Article 392 When the storage time period expires, the storing party or the holder of the warehouse voucher shall claim and get back the warehousing goods. Where the storing
party or the holder of the warehouse voucher fails to claim the goods on time, additional warehouse fee shall be paid. Where the goods are claimed before the time period
expires, the warehouse storage fee shall not be reduced.
Article 393 Where the storing party or the holder of the warehouse voucher does not claim the warehoused goods when the time period expires, the safekeeping party may urge
the holder to claim the goods within a reasonable time period. After this additional time period expires, the safekeeping party may have the goods deposited.
Article 394 If, during the time period of storage, the warehousing goods are damaged, destroyed or lost due to improper storage by the safekeeping party, the safekeeping
party shall be liable for damages. Where the warehousing goods are perished or damaged due to inconformity of the character of the warehousing goods or of the packing with
the terms of the contract, or the fact that the goods exceed the valid storage period, the safekeeping party shall not be liable.
Article 395 Matters not addressed in this Chapter shall apply, the relevant provisions governing storage contracts.
CHAPTER 21 CONTRACTS FOR COMMISSION
Article 396 A commission contract refers to a contract whereby the principal and the agent agree that the agent shall handle the maters of the principal.
Article 397 A principal may specially entrust an agent to handle one or several items of matters, or generally entrust the agent to handle all matters.
Article 398 The principal shall pay the expenses for handling the entrusted matters in advance. In case that the agent has prepaid the necessary expenses for handling the
entrusted matters, the principal shall reimburse the expenses and the interest thereof.
Article 399 The agent shall handle the entrusted matters according to the instruction of the principal. Where the instruction of the principal need to be modified, consent
of the principal shall be obtained; in case of such emergency that it is difficult to contact the principal, the agent shall handle the entrusted matters properly and report
to the principal the case promptly afterwards.
Article 400 The agent shall handle the entrusted matters himself/herself. With the consent of the principal, the agent may sub- entrust the matter. If the sub-entrustment
has obtained consent, the principal may directly give instructions to the sub-entrusted third party, and the agent shall be liable only for the selection of the third party
and his own instructions to the third party. If the sub- entrustment has not obtained the consent, the agent shall be liable for the third party's acts, except that in an
emergency the sub-entrustment is necessary for the protection of the interests of the principal.
Article 401 The agent shall report the handling of the entrusted matters according to the requirements of the principal. The agent shall report the result of the entrusted
matters when the commission contract is terminated.
Article 402 If within the scope of the power delegated by the principal, the agent, in his/her own name, concludes a contract with a third party, and the third party knows
the proxy relationship between the agent and principal at the time of concluding the contract, the contract shall directly bind the principal and the third party, unless
there are conclusive evidences to prove that the said contract only binds the agent and the third party.
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